Providing Insight Into Florida Insurance Law and Litigation
In Shands Jacksonville Medical Center, Inc. v. State Farm Automobile Insurance Company, 40 FLW D1447a (Fla. 1st DCA June 22, 2015), the First District Court of Appeals ruled on the ways a PIP carrier can obtain information from PIP medical providers in Florida pre-litigation.
In this case, State Farm, sent a pre-litigation request to Shands pursuant to Florida Statute Section 627.736(6)(b) asking for:
Continue Reading Pre-Litigation “Discovery” in PIP
My clients were injured in a motor vehicle accident. Before the accident, they wisely took out substantial automobile insurance to protect them, including coverages for bodily injury liability, uninsured motorists coverage, personal injury protection, and medical payments.
As a result of the accident, they incurred medical expenses. These medical expenses were properly submitted to their…
In Waters v. Miller, ____ F.3d ____ (11th Cir. April 15, 2009), Waters was rear-ended by Miller’s tractor-trailer on November 29, 2005. At the time of the accident, Miller was hauling cars from Florida to Georgia. Miller carried commercial vehicle insurance with Progressive Express Insurance Company. Progressive denied the claim asserting that the policy period was September…
Our client bought car insurance from Nationwide. A few years later, Nationwide transferred the insurance to Allied insurance, a subsidiary of Nationwide. Later, our client was injured in an automobile accident caused by an underinsured motorist. Allied has stated that there is only $10,000 in UM available under the Allied policy. Our client has $100,000 in…
In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination. Based on the results of the CME, the PIP insurer advised the insured’s medical provider that it would not pay for any further chiropractic care. The insurer sent a check to the provider which stated "Pay to the order of PALM CHIROPRACTIC CTR FOR FULL & FINAL PAYMENT OF PIP BENEFITS F/A/O JOYCE THOMAS." Palm cashed the check.Continue Reading 4th DCA (Mis?)Speaks on Releasing Future PIP Benefits
In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm. The insured was injured by a underinsured / uninsured motorist. The insured did not pursue a claim against the person who caused the accident, but instead filed an uninsured motorists claim against State Farm.Continue Reading 4th DCA Agrees that UM Insured Does Not Have to Sue At-Fault Driver Before Suing for UM Benefits
Mr. and Mrs. Yeates were severely injured when the vehicle Mrs. Yeates was driving was struck head-on by a livestock truck owned by Bingham Livestock. The Yeateses sued Bingham Livestock and the truck driver. Bingham Livestock carried two insurance policies, one issued by State Farm and one issued by Carolina Casualty.
State Farm tendered its …
In Geico Indemnity Company v. Physicians Group, LLC, a/a/o Paul Androski, ____ So.3d ____ (Fla. 2nd DCA August 13, 2010), the 2nd DCA ruled that the PIP fee schedules which went into effect on January 1, 2008, do not apply to any accidents that occurred before that date.
The opinion was fairly short and straightforward. Specifically…
My client is a truck driver. He was asked to deliver a load to North Carolina. When he tried to attach the trailer to his own truck, the trailer would not properly attach. The company which asked him to deliver the load then provided him with a truck to deliver the load. Unfortunately, my client was…
My client owns an HVAC business and insures his business and two vehicles through Infinity Insurance. His son had an accident while driving one of his business vehicles. The son rarely drives that vehicle. There was damage to the company vehicle, and claims have been presented against the HVAC business for damages.
Infinity denied the…